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Posted By alastair duffus
I have recently spoken to a colleague who works for a retail chain as a manager and area manager one day a week . He is required to leave his store to post mail , bank and visit other units as part of his duties .
He recently tripped when a drain cover gave way under foot and fell breaking his elbow outside the rear of his shop coming back from photcopying for his unit . This required 9 weeks off work .
When he approached his employer he was told to go to claims direct and was only paid ssp .
He asked me what I thought his best action was to get compensation for his lost income for 9 weeks .
Although he is having legal advise against the site owner for the drain he questioned his employers actions by expecting him to work outside his store but not claiming if he had an accident on their insurance .
Any comments to help would be appreciated .
duffy
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Posted By Ian D
It is my understanding , and I checked with our Company Secretary before we sent someone off site to work, that if your are away from your workplace and carrying out duties associated with your employers undertaking then you are covered by the employers liability insurance.
Maybe a frightening off tactic is being used to avoid the hassle.
Regards
Ian
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Posted By Brian Dawson
Usually the insurance would cover the employers liability. Did the company fail in its duty of care (eg was it negligent)? Probably not in this case. In which case no claim against company and insurance would not pay out. Some employers do have additional insurance (often for specific types of injury), but they do not have to go beyond what is required by the Employers Liability (Compulsory Insurance) Regs.
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Posted By David Scott
Not much of a caring employer if they were not prepared to pay him for an injury sustained during their time, doing their job unless, that is, there is more than meets the eye, such as being on a frollick of his own at the time! Was the slab on Company property or Council property. If on their own property then they are liable under Workplaces Regs as well as S2,2(d) of HASAW. It must be assessed and significant findings recorded. If on Council they must provide suitable and safe footpaths should they not? Maybe his employer could counter sue the Council for its losses.
As suggested, a means of frightening off the claim in my opinion and not a Company I would wish to work for!
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Posted By Brian Dawson
I posted that too quick. That was the employees guide. There is also an employers guide:
http://www.hse.gov.uk/pubns/hse4.pdf
It makes reference to off site working, but note it is only compulsory with regard to cover where the employer has liability, ie where the employer has responsibility for the accident. Just because someone has an accident at work there would not be an automatic payout, there needs to be breach of duty of care which would be decided by the courts.
Please note I'm simply saying what the law says not making judgements about the morality of the situation. However, I would not limit my choice of employer to those that pay out automatically for all injuries at work whether there is negligence or not! There can't be that many who pay out whatever otherwise why would there be so many cases which get to court.
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